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Petitioner: FIDA HUSSAIN VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 107
[Lahore]
Before Fazl-i-Mahmood, J
FIDA HUSSAIN and another--Petitioners
versus
THE STATE--Respondent
Criminal Miscellaneous No. .2756/8 of 1987, decided on 31st August, 1987.
Criminal Procedure Code (V of 1898)--
---S. 497--Penal Code (XLV of 1860), S. 307--Bail, grant of Complainant-party found to be aggressor by Investigating Officer- Case held one of further inquiry and petitioners entitled to benefit of finding of Investigating Officer at bail stage--Bail allowed.
Masood Mirza for Petitioners . Ghulam Hussain Mirza for the State
ORDER
This case arises out of F.I.R. No. 105 dated 7-5-1987 registered with Police Station Sadar Bhakkar for offences under section 307/34, of the Pakistan Penal Code in which both the petitioners have been named and assigned role of inflicting knife injuries,
2. During the investigation, out of the same F.I.R. two challans were prepared and one challan has been prepared against the complainant party. The Investigating Officer states that as a result of investigation, the complainant party has been found to be the aggressor. It is further submitted that 10 injuries suffered by petitioner No. 1 and four by petitioner No. 2 were completely suppressed in the F.I.R. Copies of the medico-legal reports have been appended with this petition.
3. The finding of the police that the other party was the aggressor. I think, entitles the petitioners to benefit of this finding at bail, granting stage. The Investigating Officer confirms the above position. It is a case of further inquiry.
4. In these circumstances, both the petitioners are admitted to bail in the sum of Rs.15,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Bhakkar, pending trial.
S.G.D./F-32/L Bail allowed.